Water Rights and the ESA: How Do ESA-imposed Restrictions on Water Management Affect the Exercise of a State Water Right?
May 8, 2018
Moderator, ACWA's 2018 Legal Affairs Committee CLE Workshop
Downey Brand water law partner Meredith Nikkel is moderating the panel “Water Rights and the ESA: How Do ESA-imposed Restrictions on Water Management Affect the Exercise of a State Water Right?” at ACWA’s 2018 Spring Legal Affairs Committee CLE Workshop in Sacramento on May 8, 2018.
The exercise of water rights can be impacted by Endangered Species Act (ESA) requirements directly through the ESA prohibition on take of endangered species or indirectly through the requirement that a federal action not jeopardize listed species. From water resource management during drought to ESA consultations regarding long-term federal project operations and actions, ESA-mandated restrictions can operate to limit water rights in significant ways that have legal ramifications under state law and federal constitutional law. The panelist will discuss how federal environmental laws affect state water rights in the context of the ESA.
- Karrigan Bork, JD, PhD, Visiting Assistant Professor, McGeorge School of Law / Department of Geological & Environmental Sciences, University of the Pacific
- Jennifer Buckman, Attorney, Bartkiewicz, Kronick & Shanahan
- Roger J. Marzulla, Attorney, Marzulla Law LLC